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2023 Supreme(Ker) 804

MURALI PURUSHOTHAMAN
Elizabeth Thomas @ Laila Thomas, W/o. Mathai Thomas – Appellant
Versus
Thiruvalla Municipality, Represented By Its Secretary – Respondent


Advocates Appeared:
Dr. George Abraham, Joby Daniel Joseph, Sri. P. Chandrasekhar, Sri. K. Arjun Venugopal, Smt. V.A. Haritha, Sri. Jeevan Rajeev, Smt. Mary Reshma George, Smt. P.M. Mazna Mansoor, Sri. Sooraj T. Elenjickal, Smt. Sandhya R. Nair, S. Subhash Chand, P.Chandrasekhar, K.K. Mohamed Ravuf, Satheesh V.T., Manjari G.B.

JUDGMENT :

Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. Unless otherwise expressly indicated, the status of the parties and the exhibits referred to herein below shall be as obtaining in W.P.(C) No.21312 of 2021.

2. The petitioners in both the writ petitions are neighbours. Each alleges that the other had made constructions in breach of permit and licensing provisions.

3. The petitioners in W.P.(C) No.21312 of 2021 are owners of 1.7 ares of land comprised in Survey. No.190/35 of Thiruvalla Village and a commercial building thereon. According to them, they have reconstructed the building in accordance with the building permit and approved plan issued by the 1st respondent Municipality. The ground floor of the building has been numbered and the same has been occupied. The petitioners started construction of the first floor of the said building after obtaining Ext.P1 building permit, and while the construction was about to complete, the 5th respondent made a complaint before the Municipality alleging that the petitioners have encroached into his property and the construction is made in violation of the provisions of t

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